45-4-83.06
Section 45-4-83.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2006-418, p. 1036, §7.)...
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45-7-82.26
Section 45-7-82.26 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) The district attorney may waive the time provision
of this section for good cause. (Act 2009-460, p. 802, §7.)...
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45-9-82.26
Section 45-9-82.26 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2005-148, p. 258, §7.)...
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45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) An offense involving violence in
which the victim was a child under 14 years of age, a law enforcement officer, a school officer,
a correctional officer, active duty military personnel of the United States military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) An offense involving violence in which the
victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional
officer, active duty military personnel of the United States military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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45-42-82.40
court referral office personnel, whether employed in the State of Alabama or elsewhere. (5)
OFFENDER. Any person charged with a criminal offense, including, but not limited to, any felony,
misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed
in the jurisdiction of the Thirty-ninth Judicial Circuit. (6) PRETRIAL DIVERSION PROGRAM or
PROGRAM. A program that allows the imposition of certain conditions of behavior and conduct
by the district attorney or by a designated agency for a specified period of time upon an
offender which would allow the offender to have his or her charges reduced, dismissed with
or without prejudice, or otherwise mitigated should all of the conditions be met during the
time frame set by the district attorney. (7) SERIOUS PHYSICAL INJURY. As defined in
subdivision (14) of Section 13A-1-2. (8) SUPERVISION FEE. Any fee imposed by any agency providing
supervision or treatment of an offender. (Act 2012-360, p. 892, § 1.)...
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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the pretrial diversion program. (3) It is determined the needs of the state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and well-being of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (2) There is a probability justice will be served if the offender
is placed in the pretrial diversion program. (3) It is determined the needs of the state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and wellbeing of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no threat to the safety and well-being of the community. (5) It appears the offender is not
likely to be involved in further criminal activity. (6) The offender will likely respond to
rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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